When Should I File An Injury Lawsuit?
Your lawyer will cover any litigation costs that may arise from your lawsuit.
A typical personal injury case can cost between $1,000 and $5,000. A more complex case, such as one involving medical malpractice or product liability, could cost up to $100,000. These expenses are paid by who? South Carolina law usually requires that the lawyer representing the injured party advances the "litigation cost" to the court. These costs are then subtracted from the client’s recovery. Other options include the client paying the costs along the way or allowing the court to order that the at-fault party pay court expenses.
Many clients can't afford to pay experts, videotaped interviews, or other litigation costs, especially when considering the possible medical bills and loss of wages that may result from an accident. These are the reasons I pay for litigation expenses. Clients do not pay me for mileage, postage, incidentals, hourly work, or copies. To help my client's case strengthen, I receive reimbursement for any checks I sent to third parties. If my law firm fails to recover compensation for a client, the client owes me nothing in fees and expenses.
Do not be concerned about the cost of your personal injury case. We assume 100% of the risk. In our experience, high-cost cases often result in high settlements for clients and better net recovery.
Your personal injury case will go through multiple phases. The Complaint
When we file a "Complaint", a lawsuit is initiated. It contains information about how you were hurt, the reasons for your injuries, and any injuries that you sustained as a result of their wrongdoing. After receiving the Complaint, the at-fault party's insurer will hire a lawyer in order to defend the case. Most likely, their lawyer will file an "Answer” to the Complaint. The Answer will usually deny any wrongdoing and sometimes blame you for the accident. This is a common boilerplate denial that we might be able later to strategically exploit to our advantage.Phase "Discovery"
"Discovery" is the next stage of litigation. It's exactly what the name implies. We find out what evidence the defendants intend to use in trial and what explanations they give as to the accident. You are probably familiar with the terms "interrogatories" and "requests to produce all evidence," which are written questions.The Deposition
Depositions don't have to be frightening. It is important to prepare. In a personal injury case, I "depose" either the at-fault party, or one of their witnesses. I ask many questions about safety rules, their importance, and the reasons they were broken. All answers are given under oath just like court testimony. These answers can be recorded by a court reporter, and could later be used for cross-examination. We empower and encourage our clients with the truth. This in turn eliminates fear.The Mediation
After depositions have been taken in personal injuries lawsuits, "mediation" is the next step. This is where my client and I meet the insurance adjuster and their lawyer to decide if a fair settlement is possible. The mediator is a third attorney who listens to both sides' versions of the facts. The mediator then helps us reach a settlement. Our latest demand, for example, may be $1,000,000.00 when mediation starts. It is possible that the latest offer from an insurance company was only $10,000.00. We might have reached a settlement for between these two amounts after mediation.
The mediator's role is to help both sides see how much they have to lose in court. There may be a case in which the defense wins. However, a similar case could result in a substantial verdict for my client. A settlement is possible because both sides have so many to lose due to the uncertainty of trial, and the unpredictable nature juries. We prepare for trial if mediation fails.The Trial
Trial is the last phase of a lawsuit. If no fair settlement can be reached during the preceding phases, the case will proceed to trial. Here, a jury will decide if the insurance company should cover your damages. If the jury decides in your favor, it will determine the amount owed to you. This could include economic damages such as lost wages or suffering. Punitive damages may also be available if the defendant was reckless when causing your injury.
After most personal injury lawsuits have been filed in South Carolina, an answer will likely be provided, discovery will be conducted, mediation could be held, and possibly a trial. Although it would be easier for the insurance company pay you the amount of your case at the beginning, justice is often impossible to achieve without fighting. As a South Carolina personal injuries attorney, my job is to maximize your case's value and get the best result possible.
Your insurance company will hope you make a mistake.
Insurance companies will always look for ways to make you pay less for the damage, loss and harm you suffered in an accident. It is important to avoid these mistakes if you want to get fair results from your South Carolina personal injuries claim.Do not give an unrecorded statement to the at-fault party's insurer. They will only use your words against them. Although you can agree to an unrecorded declaration, I recommend that you consult an attorney before speaking to an adjuster. The adjuster is there to make you as comfortable as possible. Do not give them a recording. Tell your personal injury attorney near me lawyer about any preexisting conditions or prior accidents. Your insurance company will eventually get all this information. Your lawyer should have access to your medical history and details about any previous insurance claims. An attorney, like a doctor, can only help you if all the facts are known.